The Regulator for Charities in England and Wales

Decisions of the Commission-Index of Key Issues contained in the Decisions of the Commission

A

Activities

The consideration and use of extraneous materials when considering issues of charitable status

Amenities

Consideration of a cyber cafe to provide internet access facilities as a public amenity

Analogies (the Use of Analogies in accepting new novel charitable purposes)

Efficiency and Effectiveness of Charities and the efficient use of charitable resources

  • Charity Bank. See in particular Issues for the Commissioners, Issue 1

Good citizenship

Commerce and industry

Conservation of the environment

Health

Moral or spiritual welfare or improvement of the community

Payroll giving

  • Charity Bank. See in particular Issues for the Commissioners, Issue 1.

Preservation of public order and prevention of breaches of the peace

Protection of life and property

Relief of Poverty

Sound administration of the law

Urban and rural regeneration

Animals

Consideration of whether animals dangerous to humans can be capable of conservation

Authority for leases

B

Background Information

Considering background information when determining charitable status

C

Campaigning

Links with

Charitable Status

Education

Health / private medicine

Human Rights

Rural life

Children

The protection of children and young people from the harm arising from contact with unsuitable material on the internet as a charitable purpose

Citizenship (Good)

Use of the promotion of good citizenship as an analogy in accepting a new novel charitable purpose

Clairvoyants and Mediums

Commerce and Industry

Use of the promotion of commerce and industry as an analogy in accepting a new novel charitable purpose

Compensation

Compensating for the consequences of a bad investment (the purpose of)

Complementary and Alternative Therapies

See also, Health, and Sickness (Relief of )

The Commission’s approach to considering Complementary and Alternative Therapies as a way of relieving sickness and promoting health

Company Limited by Shares

The effect of the structure of a company limited by shares on charitable status

  • Charity Bank. See in particular Issues for the Commissioners, Issue 3

Conflict of Interests

Independence issues affecting charitable status

  • Charity Bank. See in particular Issues for the Commissioners, Issue 4

Conflict Resolution

Consideration of whether a charitable purpose

Construction (Considering the construction of objects in governing documents in relation to charitable status )

See also Objects

Conservation (including Conservation of the Environment)

See also RR9 Preservation and Conservation

Contracts

Countryside

Promotion of

D

E

Education

Consideration of what education means in charity law in modern society

Education outside formal instruction

Advancing Education in railway modelling and other pursuits

Neutrality

Promoting a propagandist or particular point of view

Efficiency and effectiveness of charities and the effective use of charitable resources (promoting the)

See also RR14 Promoting the Efficiency and Effectiveness of Charities and the Effective Use of Charitable Resources for the Benefit of the Public

By the provision of financial advice

  • Charity Bank. See in particular Issues for the Commissioners, Issue 1

F

Facilities

Consideration of how the Commission approaches what a recreational facility is for the purposes of the Recreational Charities Act 1958

Farmers’ markets

G

Governmental Authority

H

Hardship Funds

See also Poverty (Relief of)

Health (promotion of)

By ensuring proper standards in the practice of medicine as a charitable purpose

By the promotion of spiritual healing

Use of promotion of health as an analogy in accepting new novel charitable purposes

Health Care

Hobbies

Human Rights

See also RR12 - The Promotion of Human Rights

Relevance of ECHR to an application for registration of a religious or belief organisation as a charity

Relevance of ECHR to the presumption of public benefit to the first three heads of charity

See also Public Benefit

Consideration of a purposes which might include the prevention of interference with the right to freedom of expression, as defined in Article 10 of ECHR

The extent to which any political activities carried on by a charity may be ancillary to the promotion of human rights

I

Information

Information (the provision of), the extent to which it may be charitable

Independence

See also RR7 The Independence of Charities from the State

The effect of independence on charitable status

See also Conflict of Interests

Insurance availability

Internet

Provision of a cyber café as an internet facility under the Recreational Charities Act 1958

The protection of children and young people from the harm arising from contact with unsuitable material on the internet as a charitable purpose

The use of the internet as a means of advancing education

Investments

Compensating for the consequences of a bad investment (the purpose of)

Beneficial class connected through investments

J

Jurisdiction

Requirement that a charity must be subject to the jurisdiction of the courts

Effect of concurrent jurisdiction arising under banking law on the charitable jurisdiction of the court and charitable status

  • Charity Bank. See in particular Issues for the Commissioners, Issue 2

The Commission’s jurisdiction to consider an organisation’s charitable status previously considered by the courts

K

L

Lease

Authority to grant a lease

Leisure Services

Loans

The provision of loans as a means of furthering charitable purposes

  • Charity Bank. See in particular Issues for the Commissioners, Issue 1

Local Authority

M

Moral or Spiritual Welfare or Improvement of the Community

As a charitable purpose

As an analogy in accepting new novel charitable purposes

N

O

Objects (the requirement that objects must be exclusively charitable)

The effect of a provision purportedly limiting purposes to those which are charitable in law

The Commission’s approach to construction of objects in governing documents

Workability of objects clause

Options (whether section 36 is applicable)

P

Payroll Giving (use as an analogy)

  • Charity Bank. See in particular Issues for the Commissioners, Issue 1

Poverty (Relief of)

See also Analogy

Use as an analogy in accepting a new novel charitable purpose

Definition of poverty or financial hardship for the purposes of charity law

Hardship Funds

Temporary hardship or poverty

Preservation of Public Order

Use as an analogy in accepting new novel charitable purposes

Private benefit

Private commercial interests

Private hospitals

Professional Bodies as charities

Promoting a political purpose/ a particular point of view

Protection of life and property and public safety

Use as an analogy in accepting a new novel charitable purpose

Public Benefit

See also RR8 The Public Character of Charity

The legal test of public benefit

Public benefit and the relief of poverty

Public benefit and the advancement of education

Public benefit and the advancement of religion - presumption

Public benefit and the promotion of Human Rights

Public benefit under the fourth head of charity

Relevance of ECHR to the presumption of public benefit to the first three heads of charity

Sufficient Section of the public

A connection or nexus between the beneficiaries

Public benefit and regulation of a profession

Consideration of private benefits to members of an organisation

Consideration of public benefit of recycling and reuse of waste

Consideration of public benefit and spiritualism

Consideration of public benefit and conflict resolution

Promoting non-charitable interests of an industry

Benefit restricted by ability to pay fees

People in poverty – availability of insurance

Public Body

Q

R

Race Relations Act 1976

Effect of section 34(1)

Railways

Model Railways and Other Pursuits

Recreational Charities Act 1958

See also RR4 The Recreational Charities Act 1958

When the provision of a recreational facility may be charitable

Provision of an internet café as a recreational facility under the RCA 1958

Regeneration

See also RR2 The Promotion of Urban and Rural Regeneration

Use as an analogy in accepting new novel charitable purposes

Regulation as a charitable purpose

Relaxation

Relief of Poverty

See Poverty, Relief of

Relief of Sickness

See Sickness (Relief of)and also Health(promotion of)

Religion

Definition of religion for the purposes of charity law

Promotion of a particular religious doctrine is not necessarily advancement of religion.

Review of Legal Authorities

Belief in a Supreme Being

Worship

Consideration of whether spiritualism meets the criteria for a charity of the advancement of religion

Restorative Justice

S

Schemes

Shares

Charitable company limited by shares

Sickness (Relief of)

See also Relief of Sickness and Health(promotion of)

Social and Economic Deprivation

Relevance Under the Recreational Charities Act 1958

Social Welfare

The Commission’s approach to when social welfare under the Recreational Charities Act 1958 is satisfied

Sound administration of the law

Use as an analogy in accepting new novel charitable purposes

Spiritualism as a charitable purpose for the advancement of religion

Spiritual Healing

Whether the promotion of spiritual healing can further a charitable purpose

Statues, Monuments and Memorials

Review of the relevant law and Commission policy on when the provision and maintenance of a statue, monument or memorial could be charitable

Whether the provision of a statue of a character in a nursery rhyme could be charitable

Statutory Services

Sustainable Development

Whether the promotion of sustainable development can further a charitable purpose

T

The Radiance Technique

Transcendental Meditation

U

V

Voluntary Sector (Promotion of the)

See also RR13 Promotion of the Voluntary Sector for the Benefit of the Public

Whether the promotion of the voluntary sector can be charitable

By the provision of a comprehensive date base about charities

W

X

Y

Z